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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
BANK OF HANOV ER AND TRUST
COMPANY,
Plaintiff
NO. 99-5277 Civil Temp
VS.
DONALD E. SLIKE
Defendant
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Satisfaction of the above captioned judgment having been made, please mark the record
"Settled and Satisfied."
Dated: November 19, 2003
BARLEY, SNYDER, SENFT & COHEN, LLC
BY:
Daniel M. Frey, ET(quire
I.D. #20843
14 Center Square
Hanover, PA 17331
(717) 637-6239
1223329
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANK OF HANOVER AND
TRUST COMPANY,
Plaintiff
No. # r/9• S"177 dt'?J 7-A4--
V.
DONALD E. SLIKE,
Defendant
CIVIL ACTION- LAW
CONFESSION OF JUDGMENT
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, a true and correct copy of
which is attached to the complaint filed in this action, I appear for the Defendant and confess
judgment in favor of the Plaintiff and against the Defendant as follows:
Unpaid Balance of instrument $92,930.31
Interest through 08/27/1999 (per diem $21.0047) 1,546.71
Costs 14.50
Attorney's collection fee (5%) 4723.85
Total: $99,215.37
DANIEL M.FREY & ASSOCIATES
a div of BARLEY, SNYDER, SENFT & COHEN
By
Daniel M. Frey, EsgfAre
Court I.D. 20943
Attorneys for Plaintiff
14 Center Square
Hanover, Pennsylvania
717-637-6239
8.26.99/A I K/82703 1.1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANK OF HANOVER AND
TRUST COMPANY,
Plaintiff
V.
DONALD E. SLIKE,
Defendant
NoA fV. 5.27! lam( 7-
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
COMPLAINT
Bank of Hanover and Trust Company, Plaintiff, by and through its attorneys, Daniel M.
Frey & Associates, a division of Barley, Snyder, Senft & Cohen, files this complaint pursuant to
Pa. R.C.P. No. 2951 (c)(4) for judgment by confession and avers the following:
I. Plaintiff, Bank of Hanover and Trust Company, is a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, with its principal place of
business located at 25 Carlisle Street, Hanover, York County, Pennsylvania.
2. Defendant, Donald E. Slike, is a married adult individual residing at 100 E. Lauer
Lane, Camp Hill, Cumberland County, Pennsylvania.
3. Attached as Exhibit "A" is a true and correct copy of the original instrument of
guaranty authorizing confession duly executed by the Defendant.
4. The attached instrument has not been assigned.
5. Judgment has not been entered in any jurisdiction on the attached guaranty
authorizing confession.
8.16.99/ATK/827031. I
6. This judgement is not being entered by confession against a natural person in
connection with a consumer credit transaction.
7. Evergreen Auto Park, Inc. is indebted to Plaintiff in the principal sum of Ninety
Two Thousand Nine Hundred Thirty and 31/100 ($92,930.31) Dollars, which amount represents
the balance due Plaintiff pursuant to a Note signed by the president of Evergreen Auto Park, Inc.,
dated April 2, 1997, exclusive of interest and attorney's collection fee. A true and correct copy of
the Note to Plaintiff is marked Exhibit "B" attached hereto and made apart hereof.
8. Evergreen Autopark, Inc. is in default under the terms of the Note for its failure to
pay the principal amount of the Loan, together with accrued interest, on May 30, 1999. As a
result of said default, the entire remaining balance of the instrument, together with interest, costs
and attorney's commission, is due and payable immediately.
9. Under the terms of the attached guarantee, the Defendant, as a result of Evergreen
Autopark Inc.'s default, is liable to Plaintiff as follows:
Unpaid Balance of instrument $92,930.31
Interest through 08/27/1999 (per diem $21.0047) 1,546.71
Costs 14.50
Attorney's collection fee (501a) 4723.85
Total: $99,215.37
10. By reason of Defendant's guaranty to Plaintiff in an amount not exceeding
$550,000.00, all of which appears by reference to the attached instrument, Plaintiff is entitled to
judgment against defendants in the sum of Ninety Nine Thousand Two Hundred Fifteen and
37/100 ($99,215.37) Dollars.
1
8.26.99/ATK/827031.1
WHEREFORE, Plaintiff demands judgment in the sum of Ninety Nine Thousand Two
Hundred Fifteen and 37/100 ($99,215.37) Dollars, together with interest to the date of execution
as well as costs and expenses as authorized by the warrant of attorney appearing in the attached
instrument.
DANIEL M. FREY & ASSOCIATES
a div of BARLEY, SNYDER, SENFT & COHEN
By:
Daniel M. Frey, Erquire
Court I.D. 20843 Q
Attorneys for Plaintiff
14 Center Square
Hanover, Pennsylvania
717-637-6239
8.26.99/ATK/827031.1
VERIFICATION
I, Jeffrev K. Dice, Senior Vice President, Bank of Hanover and Trust Company, the
within Plaintiff , hereby verify that the facts set forth in the foregoing Complaint are true and
correct to the best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of IS Pa.C.S.A. §4904 relating to unswom falsification
to authorities.
UST
Dated: Vn? I Lq 7
Jeffrey K. Dice, Senior Vice President
Bank of Hanover and Trust Company
Exhibit A
1. DEFINITIONS - As used herein, the following terms shall have the
meanings indicated:
(a) "Undersigned" means the person, including any form of legal
entity, or, if more than one, all of the persons or any form of legal entity by
whom, or on whose behalf, this Guaranty is signed;
(b) "Lender" means BANK OF HANOVER AND TRUST COMPANY;
(c) "Principal Debtor" means EVERGREEN AUTOPARK, INC.;
(d) "Principal Debtor's Liabilities to Lender" means all existing and
future liabilities, whether absolute or contingent, of the Principal Debtor to the
Lender of any nature whatsoever and out of whatever transactions arising, and
in particular those certain loans in the aggregate amount of Five Hundred Fifty
Thousand ($550,000.00) Dollars (the "Loan") to be evidenced by Principal
Debtor's Master Note No.1 of even date herewith in the principal amount of
One Hundred Thousand ($100,000.00) Dollars and Principal Debtor's Master
Note No. 2 of even date herewith in the principal amount of Four Hundred Fifty
Thousand ($450,000.00) Dollars (hereinafter collectively referred to as the
"Notes"), secured by a Security and Floor Plan Agreement of even date
therewith.
2. INDUCEMENT FOR GUARANTY - Lender is unwilling to make the Loan
unless the Undersigned guarantees payment of the Notes and performance by
Principal Debtor of each and every term, covenant, condition and agreement
contained therein and in the Security and Floor plan Agreement and in the
Commitment Letter dated March 17, 1997, and under any and all other agreements
executed by Principal Debtor to or for the benefit of Lender in connection with the
Loan on the part of Principal Debtor to be kept, observed or performed. The Notes,
Security and Floor Plan Agreement, and such other documents are hereinafter
collectively referred to as the "Loan Documents." The Undersigned desires to give
such guarantee in order to induce Lender to make the Loan.
3. CONTINUING GUARANTY - The Undersigned hereby unconditionally
guarantees to the Lender the due performance, including, but not being limited to, the
prompt payment when due of the Principal Debtor's Liabilities to Lender. This
Guaranty is a continuing one and shall be effective and binding on the Undersigned
regardless of how long before or after the date hereof any of the Principal Debtor's
-1-
Liabilities to Lender were or are incurred; provided, however, that any one of the
Undersigned who gives written notice to Lender to that effect shall not be liable
hereunder for such of the Principal Debtor's Liabilities to Lender as are incurred after
the receipt by the Lender of such written notice, unless the same are renewals,
extensions or modifications of liabilities theretofore existing or unless the Lender is
bound by agreement entered into before the receipt of such notice to permit the same
to be incurred.
4. AMOUNT OF LIABILITY - The amount of the Undersigned's liability
hereunder shall be Five Hundred Fifty Thousand ($550,000.00) Dollars. If the amount
of the Undersigned's liability hereunder is herein limited, the Undersigned agrees that
the amount of the Principal Debtor's Liabilities to Lender may, from time to time,
exceed the said limit of the Undersigned's liability hereunder without in any way
affecting the liability of the Undersigned hereunder, and the Lender may apply any
payment with respect to Principal Debtor's Liabilities to Lender to or on account of
such of Principal Debtor's Liabilities to Lender and in such order as the Lender may
elect.
5. UNCONDITIONAL LIABILITY - The liability of the Undersigned hereunder
is absolute and unconditional and shall not be affected in any way by reason of (a)
any failure to retain or preserve, or the lack of prior enforcement of, any rights
against any person or persons (including the Principal Debtor and any of the
Undersigned) or in any property, (b) the invalidity of any such rights which may be
attempted to be obtained, (c) any delay in enforcing or failure to enforce any such
rights even if such rights are thereby lost, or (d) any delay in making demand on the
Undersigned for performance or payment of the Undersigned's obligations hereunder.
6. WAIVERS- The Undersigned hereby waives all notices of any character
whatsoever with respect to this Guaranty and the Principal Debtor's Liabilities to
Lender, including but not being limited to, notice of the acceptance hereof and
reliance hereon, of the present existence or future incurring of any of the Principal
Debtor's Liabilities to Lender, of the amount, terms and conditions hereof, and of any
defaults thereon. The Undersigned hereby consents to the taking of, or failure to
take, from time to time without notice to the Undersigned, any action of any nature
whatsoever with respect to the Principal Debtor's Liabilities to Lender and with
respect to any rights against any person or persons (including the Principal Debtor
and any of the Undersigned) or in any property, including but not being limited to, any
renewals, extensions, modifications, postponements, compromises, indulgences,
waivers, surrenders, exchanges and releases, and the Undersigned will remain fully
liable hereon notwithstanding any of the foregoing; provided however, that the
granting of a release of the liability hereunder of less than all of the Undersigned shall
be effective with respect to the liability hereunder of the one or more who are
specifically so released but shall in no way affect the liability hereunder of any not so
-2-
released. The death or incapacity of any of the Undersigned shall in no way affect
the liability hereunder of any other of the Undersigned, The Undersigned hereby
waives the benefit of all laws now or hereafter in effect in any way limited or
restricting the liability of the Undersigned hereunder, including without limitation (a)
all defenses whatsoever to the Undersigned's liability hereunder except the defense
of payments made on account of the Principal Debtor's Liabilities to Lender and the
Undersigned's liability hereunder, and (b) all right to stay of execution and exemption
of property in any action to enforce the liability of the Undersigned hereunder.
7. PAYMENT OF COSTS - In addition to all other liability of the Undersigned
hereunder and notwithstanding the limit, if any, set forth in paragraph 4, hereof, the
Undersigned also agrees to pay to the Lender on demand all costs and expenses
(including reasonable attorneys' fees and legal expenses which may be incurred in the
enforcement of the Principal Debtor's Liabilities to Lender or the liability of the
Undersigned hereunder.)
8. ACCELERATION OF LIABILITIES - If any of the Principal Debtor's
Liabilities to Lender is not duly performed, including the prompt payment when due
of any amount payable thereon, all the Principal Debtor's Liabilities to Lender shall at
the Lender's option be deemed to be forthwith due and payable for the purposes of
this Guaranty and the liability of the Undersigned hereunder.
9. ENFORCEMENT- This Guaranty may be enforced by Lender without first
resorting to or exhausting any other security or collateral and without first having
recourse to the Notes or any of the remedies provided by the Loan Documents
through foreclosure proceedings or otherwise. Nothing herein contained, however,
shall prevent Lender from suing on the Notes, or from exercising any other rights
under the Loan Documents. If such remedy is availed of, only the net proceeds
therefrom after deduction of all charges and expenses of every kind and nature
whatsoever, shall be applied in reduction of the amount due on the Notes and/or
other Loan Documents. Lender shall not be required to institute or prosecute
proceedings to recover any deficiency as a condition of payment hereunder or
enforcement hereof. At any sale of the security or collateral for the indebtedness or
any part thereof, whether by foreclosure or otherwise, Lender may, at its discretion,
purchase all or any part of such collateral so sold or offered for sale for its own
account and may apply the amount bid therefor against the balance due it pursuant
to the terms of the Notes and/or the other Loan Documents.
10. CONFESSION OF JUDGMENT - THE UNDERSIGNED HEREBY
IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF
RECORD TO APPEAR FOR AND CONFESS JUDGMENT THEREIN AGAINST THE
UNDERSIGNED, OR ANY OF THEM, FOR THE AMOUNT FOR WHICH THE
UNDERSIGNED MAY BE OR BECOME LIABLE TO LENDER UNDER THIS GUARANTY
-3-
AS EVIDENCED BY AN AFFIDAVIT SIGNED BY AN OFFICER OF THE LENDER
SETTING FORTH THE AMOUNT THEN DUE, PLUS FIVE (5%) PERCENT THEREOF,
BUT NO LESS THAN ONE THOUSAND (81,000.00) DOLLARS, AS AN ATTORNEY'S
COMMISSION, WITH COSTS OF SUIT, RELEASE OF ERRORS, AND WITHOUT RIGHT
OF APPEAL. IF A COPY HEREOF, VERIFIED BY AN AFFIDAVIT, SHALL HAVE BEEN
FILED IN SAID PROCEEDING, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL
AS A WARRANT OF ATTORNEY. THE UNDERSIGNED WAIVES THE RIGHT TO ANY
STAY OF EXECUTION AND THE BENEFIT OF ALL EXEMPTION LAWS NOW OR
HEREAFTER IN EFFECT. NO SINGLE EXERCISE OF THE FOREGOING WARRANT AND
POWER TO CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER,
WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE
INVALID, VOIDABLE, OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED
AND MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE LENDER SHALL
ELECT, UNTIL ALL SUMS PAYABLE OR THAT MAY BECOME PAYABLE BY THE
UNDERSIGNED HAVE BEEN PAID IN FULL.
11. WAIVER OF JURY TRIAL - The Undersigned agrees that any suit, action,
or proceeding, whether claim or counterclaim, brought or instituted by the
Undersigned on or with respect to this Guaranty Agreement or any of the Loan
Documents which in any way relates, directly or indirectly, to the obligations of the
Loan Documents, or the dealings of the parties with respect thereto, SHALL BE TRIED
ONLY BY A COURT AND NOT BY A JURY. The Undersigned further agrees that in
any suit, action or proceeding brought or instituted by Lender on or with respect to
this Guaranty Agreement or any of the Loan Documents which in any way relates,
directly or indirectly, to the obligations of the Undersigned to Lender under this
Guaranty Agreement or under any of the Loan Documents or the devlings of the
parties with respect thereto, THE UNDERSIGNED SHALL NOT EXERCISE ANY RIGHTS
HE, SHE, IT AND/OR THEY MAY HAVE TO ELECT OR DEMAND A TRIAL BY JURY.
THE UNDERSIGNED HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY
in any such aforementioned suits, actions or proceedings, and acknowledges and
agrees that this provision is a specific and material aspect of the agreement between
the parties and that Lender would not enter into the transaction with the Undersigned
if this provision were not part of their agreement.
12. NO SUBROGATION - So long as the Principal Debtor's Liabilities to
Lender have not been paid in full, no payment by the Undersigned pursuant to the
provisions hereof shall entitle the Undersigned, by subrogation to the rights of the
Lender or otherwise, to any payment by the Principal Debtor or out of the property
of the Principal Debtor.
13. OTHER GUARANTIES - A subsequent guaranty by the Undersigned or
any other guarantor of the Principal Debtor's Liabilities to Lender shall not be deemed
to be in lieu of or to supersede or terminate this guaranty but shall be construed as
-4-
an additional or supplementary guaranty unless otherwise expressly provided thereon;
and in the event the Undersigned or any other guarantor has given to the Lender a
previous guaranty or guaranties, this guaranty shall be construed to be an additional
or supplementary guaranty, and not to be in lieu thereof or to terminate such previous
guaranty or guaranties unless expressly so provided herein.
14. MISCELLANEOUS- If the Undersigned consists of more than one person
or entity, such persons or entities shall be jointly and severally liable hereunder. This
Guaranty will inure to the benefit of the Lender, its successors, assigns, endorsees
and any person or persons, including any banking institution or institutions, to whom
the Lender may grant any interest in the Principal Debtor's Liabilities to Lender or any
of them, and shall be binding upon the Undersigned and the Undersigned's executors,
administrators, heirs, successors, assigns, and other legal representatives. The
Undersigned intends this to be a sealed instrument and to be legally bound hereby.
All issues arising hereunder shall be governed by the laws of Pennsylvania.
Executed this day of 1997.
Z-? (SEAL)
e L. t urtis Barber, Guarantor
rothy. ike, Guarantor
E. Siike, Guarantor
FAFREMVERGREE.GA
-5-
Witness:
Exhibit B
MASTER NOTE NO. 1
EVERGREEN AUTOPARK, INC
TO
BANK OF HANOVER AND TRUST
COMPANY
Dated: 11997
At: Hanover, Pennsylvania
Amount: $100,000.00
ON DEMAND, for value received, without defalcation, EVERGREEN AUTOPARK,
INC., a corporation existing under the laws of the Commonwealth of Pennsylvania
with a principal place of business at 4100 Carlisle Road, Dover, Pennsylvania,
(hereinafter referred to as "Maker"), the undersigned, does hereby promise to pay to
the order of BANK OF HANOVER AND TRUST COMPANY, a Pennsylvania corporation
(hereinafter referred to as "Holder"), at the principal office of said Holder at 25
Carlisle Street, Hanover, Pennsylvania, or at such other place as the said Holder
hereof may from time to time designate, in writing, the sum of One Hundred
Thousand ($100,000.00) Dollars, lawful money of the United States of America,
with interest on the unpaid principal balance computed as se forth below and in
accordance with the Security and Floor Plan Agreement dated A Z , 1997,
all the terms of which are incorporated herein and made a part of this Master Note
No. 1, with the same force and effect as if the said Security and Floor Plan
Agreement were set forth at length herein.
This Master Note No. 1 shall evidence the aggregate amount of all advances to
Maker by Holder, from time to time, in a total amount not to exceed One Hundred
Thousand ($100,000.00) Dollars.
Interest shall be accrued on the unpaid principal balance up to and including the
sum of One Hundred Thousand ($100,000.00) Dollars at the fluctuating rate of one-
quarter (.25%) percent in excess of the Wall Street Journal's (hereinafter "WSJ")
prime rate and this interest rate shall change from time to time concurrent with each
change in WSJ's prime rate.
-1-
Principal, together with any accrued and unpaid interest shall be paid by Maker
upon demand by Holder, but until such demand is made by Holder, Maker shall pay
the accrued Interest on the actual outstanding principal balance monthly, the first
such payment of accrued interest due one (1) month after the date of this Master
Note No.1, and on the same day of each month thereafter. Interest at the rates
specified hereinabove shall continue to accrue, notwithstanding demand, until all
sums secured by this Master Note No. 1 have been paid in full. The Principal shall
be payable when and in amounts as demanded by Holder, or in full upon the
expiration of the Loan on May 30, 1998, whichever occurs sooner.
In the event that any installment provided for herein shall become overdue for
a period in excess of fifteen (15) days, a late charge of five (5.00%) percent of each
such overdue payment, but in no event more than Fifty ($50.00) Dollars, may be
charged by the Holder for the purpose of defraying the expense incident to the
handling of such delinquency.
AND, THE SAID MAKER DOES HEREBY AUTHORIZE AND EMPOWER THE
PROTHONOTARY, CLERK OF COURT, OR ANY ATTORNEY OF ANY COURT OF
RECORD IN PENNSYLVANIA, OR ELSEWHERE, TO APPEAR FOR AND CONFESS
JUDGMENT AGAINST IT AND IN FAVOR OF SAID HOLDER, ITS SUCCESSORS AND
ASSIGNS, AS OF ANY TERM, PAST, PRESENT OR FUTURE, WITH OR WITHOUT
DECLARATION, FOR THE DEBT EVIDENCED BY THIS NOTE, WITH INTEREST
THEREON, TOGETHER WITH ANY AND ALL CHARGES, TAXES AND LIENS PAID BY
THE SAID HOLDER, ITS SUCCESSORS OR ASSIGNS, TOGETHER WITH COSTS OF
SUIT AND REASONABLE ATTORNEY'S FEES FOR COLLECTION, WITH RELEASE OF
ALL ERRORS, AND ON WHICH JUDGMENT THE HOLDER MAY, ON FAILURE OF THE
SAID MAKER TO COMPLY WITH ANY OF THE STATED TERMS, PROVISIONS AND
CONDITIONS OF THIS NOTE, ISSUE OR CAUSE TO BE ISSUED AN EXECUTION OR
EXECUTIONS, WAIVING INQUISITION AND CONDEMNATION AS TO ANY PROPERTY
LEVIED UPON BY VIRTUE OF ANY SUCH EXECUTION, WAIVING ALL EXEMPTION
FROM LEVY AND SALE OF ANY PROPERTY WHICH NOW IS OR HEREAFTER MAY
BE EXEMPT UNDER ANY ACT OF ASSEMBLY. IF A COPY HEREOF, VERIFIED BY AN
AFFIDAVIT SHALL HAVE BEEN FILED IN SAID PROCEEDING, IT SHALL NOT BE
NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY. NO SINGLE
EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT SHALL BE
DEEMED TO EXHAUST THE POWER WHETHER OR NOT ANY SUCH EXERCISE
SHALL BE HELD BY ANY COURT TO BE VALID, VOIDABLE OR VOID, BUT THE
POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED, FROM TIME
TO TIME, AS OFTEN AS THE HOLDER HEREOF, ITS SUCCESSORS AND ASSIGNS,
SHALL ELECT, UNTIL SUCH TIME AS THE HOLDER HEREOF, ITS SUCCESSORS AND
-2-
ASSIGNS, SHALL HAVE RECEIVED PAYMENT IN FULL OF ALL AMOUNTS OWING
HEREUNDER, TOGETHER WITH COSTS. IT IS HEREBY ACKNOWLEDGED THAT THE
CONFESSION OF JUDGMENT PROVISIONS HEREIN CONTAINED WHICH AFFECT
AND WAIVE CERTAIN LEGAL RIGHTS OF MAKER HAVE BEEN READ, UNDERSTOOD
AND VOLUNTARILY AGREED TO BY MAKER.
The Maker hereby waives presentment for payment, protest and demand for
notice of protest, demand for and notice of dishonor, and notice of nonpayment of
this Master Note No. 1, and consents that the Holder may extend the time of
payment, or otherwise modify the terms of payment of any part or the whole of the
debt evidenced by this Master Note No. 1, and such consent shall not alter or
diminish the liability of Maker hereunder.
Maker may pay in whole or in part on account of the Loan without penalty.
be.
"Holder" refers to the Holder and its successors and assigns, as the case may
IN WITNESS WHEREOF, the said Maker has caused these presents to be duly
executed the day and year first above written.
Attest: EVERGREEN AUTOPARK, INC.
if 6v(dw %l ((.?j e yl (?? By: / ' c - -
Secretary `?- President
FAFRMEVERGREE.N1
-3-
LAW OFFICES
' DANIEL, M. FREY & ASSOCIATES, A DIV OF
BARLEY, SNYDER, SENFT & COHEN, LLC
11 CENTER SQUARE. HANOVER.PENNSYLVANIA 17131
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANK OF HANOVER AND
TRUST COMPANY,
Plaintiff No. N 99. Y-2 Ccc? ! T?-
v.
CIVIL ACTION - LAW
DONALD E. SLIKE,
Defendant CONFESSION OF JUDGMENT
AFFIDAVIT OF NON-MILITARY SERVICE
Before me, a notary public of York County, Pennsylvania, personally appeared Jeffrey K.
Dice, Senior Vice President of Bank of Hanover and Trust Company, Plaintiff in the above-
captioned matter, who being duly sworn or affirmed according to law deposes and says, that the
Defendant above named is not in the military service of the United States of America, and that he
has personal knowledge that the said Defendant is now living at 100 E. Lauer Lane, Camp Hill,
Cumberland County, Pennsylvania 17316.
BANK OF HAN AND TRUST COMPANY
By:
Jeffrey K. Dice, enior Vice President
Sworn and subscribed before me this
,;;,W day of ui 1 _'1999
Nota Public
8.16.99NTK/827031.1
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LAw OFFICES
DANIEL M. FPEY & ASSOCIATES, ADIV OF
BARLEY, SNYDER, SENFT & COHEN, LLC
II CENTER SQUARE. HANOVER, PENNSYLVANIA 17311 '-
BANK OF HANOVER AND IN THE COURT OF COMMON PLEAS
TRUST COMPANY, OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.99.5277
Vs.
CIVIL ACTION - LAW
DONALD E. SLIKE
Defendant CONFESSION OF JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
ss
Personally appeared before me, a Notary Public in and for said County and
Commonwealth, Daniel M. Frey, Esquire, who, being duly sworn according to law,
deposes and says:
1. That he is the attorney for the Plaintiff, Bank of Hanover and Trust
Company, in the above-captioned matter.
2. That pursuant to Rule 2958.1 of the PA.R.C.P., he caused a copy of the
Notice of Defendant's Rights and supporting documents in said action to be forwarded
Certified Mail, Return Receipt Requested, on August 30, 1999, to Defendant Donald E.
Slike at 100 E. Lauer Lane, Camp Hill, PA 17011.
3. That said Defendant has been properly served the Notice of Defendant's
Rights and supporting documents, as evidenced by the signed return receipt card
attached hereto.
Daniel . rey, Esquire
1. D. #20 43
Sworn and subscribed to
befo me this 13 day
of-, art .1999.
Public
934767.1
0
NOTARIAL SEAL
FmcyMConiffibision ERYL A. LEPPO, Notary Public
Heaver Borough, York County
EM roe Ju 3, 2000
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Mr. Donald E. Slike
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5. Received By (Print Name)
6. Signatufe• (Addresse rA of
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P 986 805 180
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Domestic Return Recelof
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LAW OFFICES
DANIEL M. FREY & ASSOCIATES, A DIV OF
BARLEY, SNYDER, SENFT & COHEN, LLC
14 CENTER SQUARE. HANOVER, PENNSYLVANIA 17771
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANK OF HANOVER AND
TRUST COMPANY,
Plaintiff
V.
DONALD E. SLIKE,
Defendant
No. tt
CIVIL ACTION- LAW
CONFESSION OF JUDGMENT
CONFESSION OF JUDGMENT
y
Pursuant to the authority contained in the warrant of attorney, a true and correct copy of
which is attached to the complaint filed in this action, I appear for the Defendant and confess
judgment in favor of the Plaintiff and against the Defendant as follows:
Unpaid Balance of instrument $92,930.31
Interest through 08/27/1999 (per diem $21.0047) 1,546.71
Costs 14.50
Attorney's collection fee (5%) 4723.85
Total: $99,215.37
DANIEL M. FREY & ASSOCIATES
a div of BARLEY, SNYDER, SENFT & COHEN
By:
Daniel M. Frey, Escb&e
Court I.D. 20843
Attorneys for Plaintiff
14 Center Square
Hanover, Pennsylvania
717-637-6239
8.20.99/ATK/827031.1
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Exhibit A
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANK OF HANOVER AND
TRUST COMPANY,
Plaintiff
No. # 9`7- Sa 77 CC,ua T: - ,
v.
DONALD E. SLIKE,
Defendant
CIVIL ACTION - LAW
CONFESSION OF JUDGMENT
Before me, a notary public of York County, Pennsylvania, personally appeared Jeffrey K.
Dice, Senior Vice President of Bank of Hanover and Trust Company, Plaintiff in the above-
captioned matter, who being duly swom or affirmed according to law deposes and says, that the
judgment attached hereto as Exhibit "A," is not being entered by confession against a natural
person in connection with a consumer credit transaction.
B
B
Swom and subscribed before me this
day of , / 1999
Notary Public
n,_, .. .,
a.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANK OF HANOVER AND
TRUST COMPANY,
Plaintiff No. 4 W. 51 71 C Cc j 'T?.-
v.
DONALD E. SLIKE CIVIL ACTION - LAW
,
Defendant CONFESSION OF JUDGMENT
Notice Under Rule 2958.1 of Judgment
and Execution Thereon
Notice of Defendant's Rights
To: Donald E. Slike
100 East Lauer Lane
Camp Hill, Pennsylvania 17011
A judgment in the amount of $99,215.37 has been entered against you and in favor of the
plaintiff without any prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The sheriff may take your money or
other property to satisfy the judgment at any time after thirty (30) days after the date on which
this notice is served on you.
You may have legal rights to defeat the judgment or to prevent your money (- property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE
DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR
RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
8.26.99/A IX/827e3I.I
Cumberland County Legal Services
7 North Hanover Street
Carlisle, Pennsylvania 17013
717-243-9400
By:
Daniel M. Frey quire
Court I.D. 20843
Attorneys for Plaintiff
14 Center Square
Hanover, Pennsylvania
717-637-6239
8.16A91M K/827031.1
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANK OF HANOVER AND TRUST
COMPANY,
Plaintiff
V.
DONALD E. SLIKE,
Defendant
No.# 94- S?-) -7 &(-,,1 7T1-
CONFESSION OF JUDGMENT
NOTICE
TO: Donald E. Slike
100 E. Lauer Lane
Camp Hill, PA 17011
Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is
hereby given that on 3 v , 1999, ajudgment was entered against you in this
office in the proceeding as ' dicated above.
?('. -r i 2 e22:?;l -
Prothonotary 0 ' 0
Deputy Prothonotary
Date mailed: 0 ,. 3 0- 19 9
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANK OF HANOVER AND TRUST
COMPANY,
Plaintiff No, 9 9- 5.2 '7,7 Cam, T, .
V.
CONFESSIONOFJUDGMEIVT
DONALD E. SLIKE, of
Defendant
;,- i
CERTIFICATE OF RESIDENCE '(
PA. R.C.P. 236 r % o
I hereby certify that the precise residence of Plaintiff is 25 Carlisle Street, Hanover, PA
17331;
and certify that the last known address of the within Defendant is: 100 E. Lauer Lane,
Camp Hill, PA 17011.
By:
7Dan el M.Frey, Esgwre
I.D. 20843
Attomey for Plaintiff